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Foster Dulles for Dean Acheson, whom Dulles suc-

ceeded as Secretary of State, was made within the

time (6 months) limited by law. (R. 11-12)

On October 8, 1953 appellants filed their motion

to substitute Dulles for Acheson. This was far beyond

the six-months period provided for by Rule 25(d)

28 U.S.C.A., set out at p. 5 of appellants' brief.

On November 2, 1953 the matter came on for

hearing before the District Court on appellants' mo-

tion for substitution and the District Court, by

written order denied said motion (R. 17) and on the

same date the court entered an order dismissing ap-

pellants' action. (R. 18)

Notice of appeal to this court was filed Decem-

ber 23, 1953.

The sole question posed by appellant is the

alleged error in denying substitution and in dismissing

appellants' complaint.

But there is, we contend, another matter for de-

termination on this appeal and that is the question

of jurisdiction of the District Court in the light of

the allegations of appellants' complaint heretofore set

out herein.

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